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arjun kumar (student)     14 March 2010

INJUNCTION

A FIR was lodged against a person in maharashtra.The case came up for bail plea in court.The person tried to link the matter to fabricated claims of rape etc. that he claims his daughters were subjected to whilst in another state about 2 years back? He says that all the matter against him is false and that it was actually his daughters who were at the receving end.He even produced his daughter in court to say the same.The judge refused to entertain that piece of argument.

Now,it is almost certain that the person will try to use the same rape etc. charges to frame those who filed the FIR or those who he believes were "behind it".The occurences that he claims will be in a different state.The motive is to seek revenge for their act of filing FIR against him.

Pls. guide on the flg.:

1) Can the person be barred by court by some form of injunction or so, from initiating any proceedings on the basis of these facts.i.e. lodge any FIR or file suit/s?

2) Having once quoted the incident (rape etc.) in connection with another case(albeit during bail hearing), can he use the same incident to file FIR/suit on the basis of same?



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     14 March 2010

No. Neither he can be obstructed to initiate any criminal action against any person by any law in the given facts nor can he lodge any FIR just on the basis of his appearance in the bail matter with such specific allegation. In case such case is already pending as he told then it is ok otherwise he cannot file just to meet out the argument advanced in his bail matter.


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